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In a landmark judgment, the Supreme Court on Monday allowed a Kolkata-based woman to abort her more than 26-weeks pregnancy, observing the woman’s sacrosanct right to her bodily integrity.

Seeking help from the apex court, the woman had filed a petition to seek permission to terminate her pregnancy after the 26-week-old foetus was diagnosed with a congenital defect.

Earlier the court had formed a panel of doctors of her choice to ascertain the effect of the disease. On close observation, the panel had ruled that the child would be born with the autistic condition which will be painful for the parents as well. The women had consulted with top doctors from Bangalore and Mumbai before filing the petition. The woman has already suffered two miscarriages before this.

The women had consulted with top doctors from Bangalore and Mumbai before filing the petition. The woman has already suffered two miscarriages before this.

Notably, SC after hearing the arguments and deliberations put forward by the petitioner and the medical team decided to rule the decision in woman’s favour overlooking the legally permissible termination period provided by the law. According to Section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971, a Supreme Court guideline says a pregnancy cannot be terminated after 20 weeks.

According to Section 3 of the Medical Termination of Pregnancy (MTP) Act, 1971, a Supreme Court guideline says a pregnancy cannot be terminated after 20 weeks.

Experts informed Supreme Court on various occasions that many congenital illnesses and defects of a foetus could get detected as late as 18-20 weeks, leaving the woman and her partner with very little time to decide whether to terminate the pregnancy or go ahead with it.

Te woman said that the congenital illness was detected when the foetus was more than 20 weeks old and that the illness was confirmed a week later.

First Published | 3 July 2017 2:28 PM
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Web Title: Supreme Court allows Kolkata woman to abort 26-week-old foetus

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